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HomeMy WebLinkAbout6.a. Minutes of Spetember 19, 2000 Regular City Council Meeting-t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 19, 2000, at 7:30 p.m. in the Council "Chamber at City Hall, 2875 145' Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, Police Chief Kalstabakken, City Planner Pearson, Human Resource /Communication Coordinator Graff, Community Development Director Parsons, and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance led by Police Chief Gary Kalstabakken. The agenda was amended by moving items 6.p. /q. /r. from the Consent Agenda to OLD BUSINESS for discussion (Evermoor final plats). Additional information was provided for item 6.0. Hiring of Building Inspector, naming John McNeish, 8.a. completed resolution for reassignment of PUD from CMC Heartland Partners to Centex Homes, and 9.b., a map showing additional landscaping for Carrousel Plaza. Public Comment Principal Greg Claussen presented the Levy for Learning. He demonstrated the use of the referendum for operating funds for learning, for teachers and staff, instructional materials, testing and utilities. Funds will not be used for construction or renovation of schools or related structures. There are 28,000 students in School District 196 and 31 schools. Six of the schools have received National Excellence Awards. I.S.D. 196 is the fourth largest school district in the state, preceded by Anoka, St. Paul, and Minneapolis. Claussen noted that state funding has not kept pace with rising expenses. If this levy referendum is successful, class size can be decreased. For the average home valued at $144,435 a resident will pay $315 more a year, or $26 per month. If this levy is not approved, likely bus service will be cut to outside a 2 mile radius of the school and class size would increase. Margaret Gohman, a resident of I.S.D. 196, urged all residents to vote "yes" for the school referendum. The kids of the future need opportunities and this levy will help them. Many school districts in the area are needing additional funds and are doing the same thing. Response to Public Comment: Karl Hagen, 14012 Belmont Trail City Planner Pearson reviewed the request by Karl Hagen to retain a cement parking slab which he had inadvertently placed on a utility easement. City staff caught the mistake when a Conditional Certificate of Occupancy was issued to Hagen with the condition that the parking slab be removed over the easement. Mr. Hagen requested that a stipulation be placed on his deed stating that in the event the utility easement would be required to be dug up he would willingly remove the slab as with any future owner of the property. City Council reviewed the options at the Committee of the Whole work session on September 13 and advised staff that the encroaching slab should be removed as provided in the conditions of the Certificate of Occupancy. 1 A , ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 MOTION by Edwards to direct staff to enforce the conditions of the Certificate of Occupancy for 14012 Belmont Trail, Karl Hagen. Second by Cisewski. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Response to Public Comment: Weisjahn Request Consulting Engineer Weiss examined the location of the Weisjahn home to the commercial development south of their home. Weiss said that trees and shrubs from the city nursery would be planted this fall on the north side of County Road 42 to block some of the lights. Consent Agenda I Consent items 6.p /q. /r. Evermoor Additions Final Plat, and 2nd and 3` Additions Final Plats were pulled for discussion under Old Business and Item 6.o. Hiring of Building Inspector. additional information was given. MOTION by Edwards to approve the amended Consent Agenda with the additional information for 6.o. Hiring of Building Inspector and pulling items 6. /p. /q. /r. Evermoor Final Plats for discussion under Old Business. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. a. Minutes of September 5, 2000 Regular City Council Meeting b. Bills Listing c. Expenditure From Donation Account for Parks & Recreation Dept. d. Payment #1 & Final for 2000 Overlay Improvements, City Project 315 e. Payment 94 & Final — Oakridge Estates Street & Utility Improvements, City Project #310 f. Payment #2 for 2000 Street & Utility Reconstruction Improvements, City Project 316 g. Declare Costs for Assessment/Set Public Hearing for Oakridge Estates Street & Utility Improvements CP 310 h. Declare Costs for Assessment/Set Public Hearing for Biscayne Pointe 3` Addition Street & Utilities Improvements, City Project 313 i. Declare Costs for Assessment/ Set Public Hearing for 2000 Bituminous Overlay Improvements, City P. 315 j. Receive Feasibility Report/Set Public Hearing — East Side Watermain Improvements, City Project 320 k. D.A.R.E. & School Liaison Services Agreement 1. Declaration of Surplus Property m. Compensation for Unionized Positions in Limited Market Study n. Hiring of P/T Parks & Recreation Receptionist o. Hiring of Building Inspector- John McNeish p. Evermoor Addition Final Plat Pulled for discussion q. Evermoor 2 ° Addition Final Plat Pulled for discussion r. Evermoor 3` Addition Final Plat Pulled for discussion s. Commercial Area Design & Enhancement Plan 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Reassignment of PUD and Subdivision Agreements from CMC Heartland Partners to Centex Homes City Attorney LeFevere explained _Centex Homes was willing to purchase and develop the property owned by CMC Heartland Partners for Bloomfield Development. This will be purchased in two parts which will require a lot split. This will recover substantial costs for the city and provide protection for this development. The Letter of Credit from CMC Heartland Partners of $179,000 is due October 1, 2000. The City would like to recover costs for interest. engineering expenses, testing services, legal fees, special assessments, and liens from Ryan Contracting on materials ordered and not used. Centex will also provide a replacement Letter of Credit in the same amount. Scott Richter, Division President of Centex, reported that they have taken the initiative to begin the completion of the landscaping and irrigation near the occupied townhomes. Sod will b` delivered and placed next week. Centex has contacted most homeowners to explain warranty issues. MOTION by Edwards to adopt A RESOLUTION RELATING TO ASSIGNMENT OF SUBDIVISION AGREEMENT AND PUD AGREEMENT TO CENTEX AND SUBDIVISON OF OUTLOT B, BLOOMFIELD ADDITION and have staff negotiate final terms. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. PUBLIC HEARING: Vacation of Easements for McNamara Addition, Outlots B & D Mayor Busho opened the public hearing for the vacation of easements for McNamara Addition. Outlots B and D. The affidavits of posting and publication were on file with the City Clerk': Office. City Planner Pearson determined that the first development changed the street alignment which altered the utility easements needed. This is a housekeeping task for the plat registration with the county. Outlot D was regraded making the infrastructure obsolete. There were no comments by the audience. MOTION by Busho to close the Public Hearing for the Vacation of Easements for McNamara Addition, Outlots B & D. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar. Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR McNAMARA ADDITION. Second by Cisewski. Ayes: Cisewski, Busho, Caspar. Edwards, Klassen. Nays: None. Motion carried. Evermoor, Evermoor 2 "d Addition, Evermoor 3`d Addition Final Plats City Planner Pearson reviewed three conditions, as recommended by the City Attorney, that will ensure that the PUD Agreement is recorded so that it will be in effect after the properties are sold, and that the restrictive covenants required of the PUD will be enforced by the 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTE`IBER 19, 2000 N Homeowner's Association(s). These three conditions are: 1) An amendment to the PUD Agreement to reflect recently approved changes to the Planned Unit Development. 2) Recording of the PUD,Agreement, 3) Execution and recording of neighborhood Homeo'Aner's Association covenants to assure compliance with the Planned Unit Development. Phase 1 is the classic homes, Phase 2 is north of Shannon Pond School, and Phase 3 is 30 townhomes or detached homes. City Council wished to add a fourth condition; 4) Fit sidewalks in appropriate area that does not diminish lot size. Pearson noted that the Evermoor Parkway street alignment has changed which shifted some lot lines. DR Horton, purchased Outlot L for development. Council directed staff to adjust where the trail easements are needed as was done on 160 Street. MOTION by Klassen to adopt the amended resolutions for the approval of Evermoor, Evermoor 2 °d Addition and Evermoor P Addition Final Plats which include four conditions which includes fitting sidewalks in appropriate area that does not diminish lot size. Second by Cisewski. Discussion was held. Polled: Ayes: Busho, Caspar, Edwards, Klassen. Cisewski. Nays: None. Motion carried. R.C.D. Real Estate Partnership Lot Division, 160 Street City Planner Pearson reviewed the request for a lot split next to Dakota Fence on 160 Street by property owner David Fischer, R.C.D. Real Estate Partnership. A lot split of fire acres or more does not need to be platted at the county, so the Park & Recreation Dedication Fee will be collected with building permit fees when development takes place. MOTION by Klassen to adopt A RESOLUTION APPROVING THE LOT DIVISION REQUESTED BY RCD REAL ESTATE PARTNERSHIP. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Carrousel Plaza Townhomes PUD Final Development Plan and Preliminary Plat — Heritage Development City Planner Pearson reviewed the 38 unit townhouse development by Thomas Von Bische of Heritage Development. The Planning Commission requested revisions for common parking, a berm with landscaping between the movie theater and homes. The developer does not wish to provide fencing that is masonry or insert a sidewalk on the private street within the development. Council discussed these issues and concluded that the fence need not be all masonry, that board on board with brick or stone pillars would be acceptable, and that the sidewalk requested would be an additional safety feature for residents, so it should be included. The private street is only 28 feet wide. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT, (FINAL DEVELOPMENT PLAN) AND PRELIMINARY PLAT FOR CARROUSEL PLAZA TOWNHOMES and revise item 7. to include wood and masonry as proposed. AM ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 19, 2000 Set Interview Date for Public Works Director and Set Date for City Administrator Review Human Resource /Communication Coordinator Graff requested Council to determine a date to ' interview two candidates for the Public Works Director position. Wednesday, September 27 th , 2000, at 6:15 to 7 :30 p.m. at City Hall was confirmed. Also, Graff requested the review of City Administrator Burt to be set. Council concluded that Burt's review could be handled after the regularly scheduled City Council meeting on Oct. 3, 2000. MOTION by Busho to set two special meetings, one for interviewing candidates for the Public Works Position, on Wednesday, September 27, 2000, at 6:15 p.m. and another for the review of the City Administrator on October 3, 2000 following the regularly scheduled City Council meeting. Second by Edwards. Ayes: Klassen, Cisewski, Busho, Caspar, Nays: None. Motion carried. ANNOUNCEMENTS Three special meetings were announced: 1) September 30 is Rosemount Clean-Up Day, 2) October 1S is Middle School Award Day, 3) October 5 th is Cities Week Open House at City Hall and the Public Works garage. Mayor Busho adjourned the meeting at 9:20 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2000 — 33. 5